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statutory rape?

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J

jrogers

Guest
I live in the state of Kansas. My son (19 yrs) has been seeing a girl (15 1/2 yrs). The girls parents do not approve. Now the girl is pregnant. The girls parents have filed charges. This girl pursued my son relentlessly. Just one day after the girl's parents got the police involved she used a friend to try and get a message to my son to meet her later that evening. At the admission of the girl's mother she was not a virgin. She shared with me that less than a year ago the daughter had unprotected sex and the mother took her to the doctor to get a pill to prevent pregnancy. Apparently the daughter told of her incounter within 24 hours and the mother said this drug would prevent anything from happening. However that is not the case with my son. Although I feel that both the daughter and my son are at fault, my son will be the one doing jail time. The kids say they love each other and want to keep the baby and get married. Obvisouly the sex was consentual. Does my son have a leg to stand on in this situation?
 


cbg

I'm a Northern Girl
I don't know what the age of consent is in Kansas. (And anyone who cites ageofconsent.com as a source, please be aware that the information on that site is incorrect for more than one state.) However, if the age of consent in Kansas is anything above 15 1/2 and one day, then your son is guilty of statutory rape regardless of whether it was consentual or not. That's what statutory rape MEANS - the girl (in this case) is not legally able to give consent because of her age.
 

JETX

Senior Member
Lets see... your son is 19, she is 15 (the 1/2 makes NO difference and is clearly added in an attempt to 'enhance' the age). As such, she simply has NO right to give consent.... and your son is expected to act like an adult.

Your post doesn't say EXACTLY what he was charged with, though I assume it was 'Aggravated Indecent Liberties with a Child' (§21-3504)
"Aggravated indecent liberties with a child. (a) Aggravated indecent liberties with a child is:
(1) Sexual intercourse with a child who is 14 or more years of age but less than 16 years of age;
(2) engaging in any of the following acts with a child who is 14 or more years of age but less than 16 years of age and who does not consent thereto:
(A) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or satisfy the sexual desires of either the child or the offender, or both; or
(B) causing the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another; or
(3) engaging in any of the following acts with a child who is under 14 years of age:
(A) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or
(B) soliciting the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another.
(b) It shall be a defense to a prosecution of aggravated indecent liberties with a child as provided in subsection (a)(1), (a)(2)(A) and (a)(3)(A) that the child was married to the accused at the time of the offense.
(c) Aggravated indecent liberties with a child as described in subsections (a)(1) and (a)(3) is a severity level 3, person felony. Aggravated indecent liberties with a child as described in subsection (a)(2) is a severity level 4, person felony."

The fact that she is over 14 and consented precludes the charge of rape (§21-3502).
 
M

mrseld

Guest
Did the girl's parents not "approve" the entire time or just after their daughter got pregnant?

The only thing I can see is that your son is in very serious trouble for going after jailbait. He knew he could get in trouble messing with a girl that young. What was he thinking? With attorney fees and court fees, this will by far be the most expensive piece of a - - he's ever gotten. I wonder if he thinks it's worth it. The state is probably after him now that the police are involved. Even if her parents felt bad and wanted to drop it, the state will pursue it.

And now, on top of everything else, your grandchild will have two teenage parents and a father labeled as a sex offender.

And it doesn't matter if she wasn't a virgin. That just shows she's a "loose girl". Your son should be a little more selective. And even if the other guy or "guys" she slept with are 20, 30 or 40 years old, as the old saying goes....you're son is "the one who got caught".
 

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